Ramlingum v. Doe
Audrianna A. Ramlingum
Law Firm / Organization
Avanessy Giordano LLP
Lawyer(s)

Michael Giordano

John Doe
Law Firm / Organization
Bell Temple LLP
Lawyer(s)

Hugh G. Brown

Co-Operators General Insurance Company
Law Firm / Organization
Bell Temple LLP
Lawyer(s)

Hugh G. Brown

Overview:

  • Parties Involved: Plaintiff, Audrianna A. Ramlingum; Defendants, John Doe (unidentified driver) and Co-Operators General Insurance Company.
  • Context: Plaintiff sought to amend her claim to proceed under the simplified procedure, requiring striking of the defendant’s jury notice.
  • Key Dates:
    • Accident occurred: October 6, 2018.
    • Claim filed: May 25, 2020 (ordinary procedure, $1,000,000 damages).
    • Amended claim: Reduced to $200,000 under simplified procedure rules.

Key Issues:

  1. Trial Length: Simplified procedure limits trials to five days.

    • Plaintiff argued a five-day trial was feasible, agreeing to call limited witnesses.
    • Defendant argued more time was required, estimating a minimum of 8-15 days.
    • Court ruled the trial could be completed in five days with proper management.
  2. Right to Jury Trial:

    • Defendant opposed striking the jury notice, claiming prejudice and reliance on a jury trial strategy.
    • Court held there was no significant disadvantage to proceeding judge-alone, emphasizing fairness, proportionality, and efficiency.

Court Decision:

  • Motion Granted: Case to proceed under the simplified procedure.
  • Jury Notice Struck: Court exercised discretion to strike it, finding no non-compensable prejudice to the defendant.

Costs:

  • Plaintiff awarded $6,500 in costs, considering fairness and reasonable expectations.

Final Orders:

  1. Plaintiff’s motion granted to proceed under the simplified procedure.
  2. Jury notice struck.
  3. Defendant to pay $6,500 in costs within 30 days.
Superior Court of Justice - Ontario
CV-20-00641427-0000
Insurance law
$ 6,500
Plaintiff